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Legal Opinion

Nieto Hernandez v. Holder

Court of Appeals for the Fifth Circuit

Decided December 30, 2009No. 09-60261PublishedCited by 20 opinions

1Opinion of the Court

HAYNES, Circuit Judge:

Petitioner Julian Nieto Hernandez (“Nieto”) petitions this court for review of the Board of Immigration Appeals’s (“BIA”) decision affirming the Immigration Judge’s (“IJ”) denial of his petition for cancellation of removal. We find no error in the BIA’s decision. Accordingly, we DENY Nieto’s petition.

I. FACTUAL AND PROCEDURAL BACKGROUND

Nieto is a native and citizen of Mexico. He was admitted into the United States in 1981. In 1997, Nieto was convicted of second degree felony possession of marijuana under Texas Health & Safety Code (“THSC”) § 481.121. One year later,…

2Cases cited12 opinions

  1. Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
  2. Lopez v. GonzalesSupreme Court of the United States · 2006
  3. United States v. Castillo-RiveraCourt of Appeals for the Ninth Circuit · 2001
  4. Juan Larin-Ulloa v. Alberto Gonzales, United States Attorney GeneralCourt of Appeals for the Fifth Circuit · 2006
  5. Omari v. GonzalesCourt of Appeals for the Fifth Circuit · 2005

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3Cited by20 opinions

  1. Luna Torres v. LynchSupreme Court of the United States · 2016
  2. United States v. Juan Castillo-RiveraCourt of Appeals for the Fifth Circuit · 2017
  3. Bautista v. Attorney General of the United StatesCourt of Appeals for the Third Circuit · 2014
  4. Torres v. HolderCourt of Appeals for the Second Circuit · 2014
  5. Sandra Espinal-Andrades v. Eric Holder, Jr.Court of Appeals for the Fourth Circuit · 2015

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